What Is the Offense of Influence Peddling?

Influence peddling is a criminal offense committed when a person uses their relationship with a public official or authority to influence administrative decisions in order to obtain an economic benefit. This offense is regulated under Articles 428 to 430 of the Spanish Criminal Code and is classified into three categories:

1.      Public official or authority influencing another official: A public official uses their position or hierarchical authority to improperly influence the decisions of another official.

2.     Private individual influencing a public official or authority: A private party uses a personal or professional relationship with a public official to gain undue advantages.

3.    Offering to exert influence in exchange for benefits: A person offers to influence administrative decisions in return for payment or any form of compensation.

Penalties depend on whether the offender is a public official or a private individual, and may include imprisonment from six months to two years, monetary fines, and disqualification from public employment or contracting with the public sector.

Embezzlement: Misuse of Public Funds

Embezzlement is another offense against public administration, committed when a public official, authority, or person entrusted with the management of public funds engages in disloyal administration or misappropriation of those resources. It is also governed by the Spanish Criminal Code and severely undermines the integrity of public finances.

There are two main forms of embezzlement:

1.      Proper Embezzlement: Occurs when a public official misappropriates public assets for personal gain through disloyal administration, misappropriation, or falsification of documents.

2.     Improper Embezzlement: Involves non-officials—such as legal custodians or depositaries—who manage public funds or assets and use them improperly.

Penalties for Embezzlement

Penalties are proportionate to the amount misappropriated and the severity of the damage caused. In minor cases (amounts below €4,000), the offense may be treated as mitigated embezzlement. In serious cases—such as when the amount exceeds €50,000 or causes significant harm—penalties are aggravated. Sanctions may include imprisonment from two to six years and disqualification from public office for up to ten years.

Aggravated Forms and Special Circumstances

For both influence peddling and embezzlement, penalties may increase if the intended benefit is actually obtained, in which case the offense is considered to have produced a result. In cases of embezzlement where the damage to public service is substantial, the penalties may be significantly higher.

Criminal Compliance Advisory

Implementing criminal compliance programs is essential for preventing these types of offenses, particularly in public and private entities that manage public funds or are involved in administrative decision-making.